Health Care Complaints Commission v Rahman (No 2) [2023] NSWCATOD 68

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Rahman (No 2) [2023] NSWCATOD 68 Hearing dates: 1 December 2022 Date of orders: 30 May 2023 Decision date: 30 May 2023 Jurisdiction: Occupational Division Before: J P H Stevenson ADCJ, Principal Member Dr J Aitken, Senior Member Dr H Bittar, Senior Member Dr C Berglund, General Member Decision: (1) Had the Respondent still been registered, the Tribunal would have cancelled his registration and disqualified the Respondent from being registered for three months (2) The National Board with which the Respondent was registered shall record the fact that the Tribunal would have cancelled his registration (3) The Respondent shall pay an amount equivalent to 50% (fifty percent) of the costs of the Applicant. Catchwords: OCCUPATIONS – medical practitioners – misconduct and discipline – unsatisfactory professional conduct – professional misconduct – protective orders – costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(a) Health Care Complaints Act 1993 (NSW), s 4 Health Practitioner Regulation National Law (NSW), ss 3-3B, 5, 138, 149A-149C, Sch 5D cl 5(1) Cases Cited: Director-General, Dept of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Choi [2017] NSWCATOD 82 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Kazeme [2020] NSWCATOD 25 Health Care Complaints Commission v Rahman [2021] NSWCATOD 25 Health Care Complaints Commission v Rahman (No 2) [2021] NSWCATOD 65 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Bassel Abdul Rahman (Respondent) Representation: Counsel: P Aitken (Applicant) P Dwyer (Respondent)